


^P 



i E — 






THE 



VICTIM OF A CONSPIRACY! 



OR 



e i?ys*@ ) »t m 33>@©m 



An Original and Spectral Drama in 6 Acts and 4 Tableau: 

y 

BY MAX MACHOL, 
Dayton, Ohio. 



■ftt-l ^ 



i9;U"S'(W, OHIO. 

IKJTRY D. StOUl, FRINTBSj 



1877. 

7T 






Entered according- to Aet ef Congress In the year of orrr Lord 1 , 1873" 
by MAX MACHOL, with the Librarian of Congress, Washington, IX G-. 



ITP^LL BIGHTS EBSEEVED. £11 



; Infringements" will, be strictly prosecute! 3 



CAST. 

Myron Macholm — The Boy Yictim. 

Maxwell Macholm — The Father, 

Fanny Macholm — The Mother, 

John Frank DeWily — A Judge. 

Jacob Pritton, 

William Hatwell, The Conspirators., 

Patton Hngit, 



Sheriff, Officers, Judge, Jury, Attornies, Witnesses,, Prisoners, 
and citizens, &c, &c. 

This drama is located in a city in Southern Ohio,. 



INTRODUCTORY. 

ACT I. 

Scene 1. Private room in a tavprn in « »u„ r a *. 
Ohio.) Throe jolly companion. seaTed" ' ZLTl t 'hie S °L uZ 
and glasses, and the conspirators -three in number seated aWund 

Personal. 1st. The (Consnirator ~\ ia f ,oh p ■« • • , 
of a factory, a fat bloated buy ° d^I, "' J?'"*. ]™," 
money. Pace red and W^^SM^." 7 P°" te J° b for 

to,e^°frir t T„7 Wil)ittm HatWe11 ' aBhOTt -^'outfeiiow, 

Co-CoNSPlRATOR Patton JTncrit r.oll«W r> t. r 

thoHtietemp'oVTas ulctTv^ "" '" tt ' ^ ««» A» a„- 



SITUATIONS. 

ACT I. 

Scene. 1. A private room in a tavern, in a city in Southern 
hio. 

Scene 2. A work-shop, cutting and tailoring. 

Scene 3. The work-shop again, and a prison cell. 

ACT II. 

Scene 1. A court-room.. 

SceNE 2. Court-room and prison. 

Scene 8. The Victim's humble home, a higher eourt. 

Scene 4. The Conspirators' meeting-room in the tavern. 

ACT III. 

Scene 1. The prison again. 

Scene 2. On the road for his new home. 

Scene 3. The Reform Farm, the Victim installed. 

Scene 4. The home of the Victim's parents. 

Scene 5. The Father's work-shop. 

ACT IV. 

Scene 1. The highest court in the State, the Governor's pri- 
vate apartment. 

Scene 2. The sick room. 

Scene 3. The chamber of death. 

Scene 4. The chamber of the convalescence. 

ACT V. 

Scene 1. The death chamber again, on the way to the burying 
place. 

Scene 2. A small room in a deserted house. 

Scene 3. The humble home; the midnight tramp. 

Scene 4. The graveyard. 

Scene 5. The meeting in the woods. 

2 



— 6 — 

ACT VI. 

Scene 1. The Probate Court-room at night. 

Scene 2. The ante-chamber. 

Scene 3. The fatal corrider. 

Scene 4. The Insane Asylum. 

Scene 5. The cell of the hopeless. 

Scene 6. The home of Maxwell Macholm — Grand taWaus 1 .. 



SYNOPSIS. 

ACT I;. 



Scene 2. Intemperance, the root of most evil — The three jolly 
companions ; the compact; the plot ; our demand must be nespected :, 
or by the eternal, they shall suffer. 

Scene 2. The work-shop; the unjust demand; Myron inter- 
viewed; he denies the charge; he makes his statement true and 
faithfully; (Maxwell) his father believes him innocent; they force 
their demand; we will not wait ten minutes; their defiance to old 
Maxwell; he scorns their insolence; pay up or you shall suffer; by 
the eternal, suffer I will; robbers f thieves ! blackmailers ! begone I 
tyrants shall not make me tremble I 

Scene 3. The shrewd detectives; the accusation; the arrest; 
Myron in the grasp of the law : " Go, my boy, go I I shall be with 
you; Maxwell; will protect the innocent, if it takes the last dol- 
lar of his worldly goods. 

ACT II. 

Scene 1. Myron in court; the jury; the wily Judge takes a full 
hand in the dastardly game; prisoner; lawyers; witnesses and pros- 
ecutors; the charges, two in number; petit larceny and malicious de- 
struction of property; "are you guilty? or notguilty ?" "not guilty of 
ethier charge ! 

Scene 2. The proceedings of trial; the Conspirators do their 
worst; they are assisted by the aid of strategy; perjury the curse of 
mankind and the devil's work consumated; the wily Judge in- 
structs the jury; they area unit; the verdict returned; guilty of one 
charge; "petit larceny;" Myron returned to prison; his sentence fol- 
lows. 

Scene 3. (Two weeks elapse,) Myron taken before his Honor; 
the sentence; believing you to be the wickedest boy in the State, I 
will send you to the Eeform Farm for the term of eight years and 
two months, or until you become of age; Myron taken back to 
prison to await execution of sentence — Tableaux. 

Scene 4. The last hope, the writ of habses corpus; brought be- 



— 7— 

fore a higher and a merciful Judge; Judge Elcot takes an interest 
in the boy's case, "two weeks in prison is enough for a boy," con- 
victed upon slander evidence; he advises Judge DeWiley to dis- 
charge Myron and cautions his action, he consents reluctantly; 
Myron is discharged; at liberty once more. 

Scene 5. Judge DeWiley in the role of a Co -conspirator, he 
receives [some filthy lucre, and he partakes of the cursed cup, he 
becomes a Co-conspirator; gentlemen, your wishes shall be com- 
plied with, Myron shall be re-arrested and sent to the Farm. 

ACT III. 

Scene 1. The re-arrest; Myron in durance vile; the sentence 
put into execution; eight years and two months to the Eeform. 
Farm; Myron is taken off by the Sheriff to his new home; can I 
not see my parents once more, and bid them all farewell? he is re- 
fused; they are the orders of the wily Judge, 

Scene 2. Maxwell Macholm is apprised of Myron's re-arrest; 
his appearanee in court; is Myron in custody of the Sheriff ? yes; 
and perhaps many miles away; taken away? (Maxwell surprised;) I 
will hasten and apprise my poor wife of this inhuman act; all hope 
gone; the wily Judge triumphant; Fanny Macholm, (Myron's 
mother) appears; she appeals to the Judge on her knees; his con- 
tempt and insolence to her is unbearable; no hope for Myron, and 
no mercy; her wrath knows no bounds, her curse to the Judge; he 
is spell-bound, but langhs in triumph. 

Scene 3. The Eeform Farm; Myron initiated; set to work hoe- 
ing; Myron's soliloquy; he gets the taste of a hickory rod for his 
indiscretion, " Thou shall not steal thy Master's time;" Myron, 
gives up all hope; he makes up his mind to serve his time; the 
bell at head quarters; the recess; the supper; the evening vespers; 
inthe chapel; (singing:)" Pull for the Shore," "In the Prison Farm 
We Sit;" &c, &c; the Lord's prayer; good night. 

Scene 4. The parents humble home; tho Mother's illness; the 
distress; the Father's last hope; his appeal to the highest court in 
the State; the children's request; their suffering; at the point of 
starvation; Maxwell's means exhausted; all he can earn goes to 
court and attornies — Tableau ; the evening prayer and song. 

Scene 5. Maxwell Macholm, still hepeful; Myron must foe re- 
stored; his last dollar for justice; the highest tribunal; Maxwell as a 
champion of justice; they shall not escape my contempt and my 
revenge; misfortune seldom comes singlehanded; bad tidings 
brought to the Father; come home Father quick, poor Ma' is very- 
sick; Maxwell gets nervous ! I fear the last chapter of this drama as 
not written ; God help us. 

ACT IT. 

Scese 1. (Two months elapse,) bad tidings from the Supreme 
Court; they refuse to interfere; the last hope gone; is there n© more 



—8— 

hope for poor Maxwell? I fear we are lost; never give up; Maxwell's 
brave heart will not desert him; new found friends appear; they 
are bound to assist Maxwell; "friends in need are friends indeed;" 
the appeal te the Governor; the benefactors indorsement does the 
work; the pardon freely given; Myron is once and forever at liberty. 

Scene 2. The good news sent homo- wife and children are 
happy; his arrival at home; new complications arise; the Mother 
takes a relapse; the new arrival; a boy baby, but life is extinct, it 
is the result of the Mother's grief, the Mother not expected to live. 

Scene 3. The Father's return; the baby laid out for burial; the 
Father's nerves unstrung; he registers a vow; one of the Conspira- 
tors and the Chief Culprit shall pay the penalty of this sad mis- 
fortune; so help me; heaven ! 

Scene 4. The Wife constitutes herself a pacifyer; it is useless, 
wife; this plot is too strong, the chain must be broken, the chick- 
ens shall come home to roost — die! he shall, at the hands oi an out- 
raged parent; a warning to all evil doers 

ACT Y. 

Scene 1. The funeral; the boy taken to his last resting place; 
the undertaker; one more being without a heart; the Father be- 
gins his work of retribution; revenge and murder the only redress; 
the wite's appeal to desist is not heeded; her prayer for her hus- 
band; the night's storm is fearful, but it is condusive to my plan; 
and it is in conformity with the fearful storm within me. 

Scene 2. The little room in the deserted hou^e; Maxwell in 
counsel with his co-woker; the strange document; the plot will 
work; he shall be trapped; he must meet me before twelve o'clock 
at midnight; he will not suspect; Hanson my servant, you are 
one of the few friends left me on whom I can depend; all shall 
work right, and this trusty steel shall find his black heart. 

Scene 3. Maxwell's return to the humble home; the family in 
sweet slumber; it is nigh unto midnight; and my labor of mercy 
and revenge shall be initiated; it is but one step from virtue to 
vice; but Maxwell shall be true to his vow; come what will; the 
cloak and shovel are brought into use; my poor family; they slum- 
ber sweetly and know not the extent of this moment's work; it 
shall be so ! slumber sweetly dear ones, farewell ! 

Scene 4. At the grave-yard; the resurrection; heavy thunder 
and lightning; Maxwell digs for dear life; the cherished treasure 
shall soon be within my embrace; the evidence of his guilt will be 
brought face to face; the tyrant shall tremble; farewell silent tomb; 
thy treasure shall be avenged and returned to thy bosom. 

Scene 5. The half way rest, the meeting at the old chesnut 
tree; my trusty friend will meet me and bring me good tidings; the 
soliloquy; the poor man communes with himself; the value of a 



trensty Mend in need; a blessing of God indeed-; Mr. Howe my 
(friend; our merciful Governor; noble men are still in the land — 
thank heaven ! 

ACT VI. 

Scene I. Arrival of Maxwell at the Court-room; it is eleven; 
at twelve the child commands me to fulfill my vow; his brain reels, 
but will not flinch; Judge DeWiley, the deluded victim arrives; 
Maxwell a changed being; the Judge does not know him; Max- 
well as Dictator; "he is in my power; these walls shall be his liv- 
ing tomb, and the ceiling his tomb-stone;" the proposition; the 
deed; the death warrant; the denoument; I am Maxwell Macholm, 
thy Executioner! Maxwell Macholm? by heaven; my injured vic- 
tim; I am lost I lost !•! 

Scene 2. The spirit hour; the proof of his guilt; the tempter; 
the dagger; the apparition; but one moment more and the weapon 
of death is buried within its victim; the spirit angel; the invisible, 
Voice; " Father! Father! retribution is mine! desist!" 

Scene 3. Maxwell's reason returns; the stain of blood upon the 
would be victim's forehead; blood ! blood ! ! "I am indeed, a mur- 
derer;" insanity takes place; his reason is dethroned; Maxwell's 
prayer and thanksgiving; I am saved and my enemy is avenged; 
the tyrant shall be slain, by his own weapon. 

Scene 4. The Lunatic Asylum; Judge DeWiley, a hopeless 
maniac; his partners in crime tender him a visit; he knows them 
not; his ravings are heart-rending; the tempters; the originators 
of his downfall retreat in shame and supplication; his best friend; 
his wife; she comes; she is almost stricken with grief; his vision 
deserts him; the doctor arrives; poor deluded man, he is gone to 
his Maker! the tyrant is no more ! 

Scene 5. Maxwell and wife in their new home; they are pros- 
perous again; Maxwell reading paper; poor and misguidued man; 
he is gone; whence no traveler returned; another bit of news; the 
original conspirators all receive their doom; they are miserable for 
life; their fate is a solemn one; but mine is no better; Maxwell can 
be happy no more ! — Grand tableau. 



CUBTAXN RISES- 
act I. 

Scene 1. (The three jolly companions drinking at a 

J aky Pritten — Fill up the glasses, boys ! let us be merry; money 
makes the mare go ! money buys liquor ! ha ! ha ! we do it in style 
boys ! eight fifty from one; eight fifty from another; making sev- 
enteen dollars — ha ! ha I 

Wm. Hatwell— But Jaky ? how much damage was actually 
done by the boys ? can you not raise the amount? seventeen dol- 
lars are already gone, and where shall we get the wherewith to- 
morrow evening? 

Jaky Pritten — Easily done I part! other boys were there; sev- 
en more boys were there; and it would be an easy matter to fleece 
them all; you ! as an old detective should know; that the parents 
will pay up any amount, sooner than to have trouble and a law 
suit ! we can do it boys; and at least three more weeks, we shall 
be able to continue this fine spree, upon the money of the victims, 

"Wm. Hatwell — But you say,, the damage done, did not exceed 
two or three dollars in total, and you have already received seven- 
teen dollars ? 

Jaky Pritten — More the fool you are! we have gone into this 
matter with a full hand, and we must come out full-handed ! we 
shall; we must have the money ! by fair means, if possible ! by 
foul, if necessary; we shall make a compact; a plot, a conspiracy, 
as it were; if you all swear it ! we will do our worst; we are looked 
upon as respectable, and our work is easily done ! 

Patton Hugit — Second detective — (with little of the Irish 
brogue) — the liquor getting little the worse of all — "Be the pow- 
ers; Jaky is sinsible, the strong arms of the law is with us; are we 
not part of the law, be jabors, dedictives ! so we are? will detict 
them by the way; upon the information of Jaky, will arrest them 
in the dead of night, and we shall soon find more conspirators to 
assist us ! yes, boys ! will have it, ether the money or the boys; 
and if the parents refuse to shell out; they shall suffer ! be the powers ! 

Wm. Hatwell — And who of the seven shall be our first victim? 
I say! 

Jaky & Pat — It shall be Myron Macholm I 

Wm. Hatwell — And why him? 

Jaky — William! you are not wise; I wonder the authorities re- 



—11— 

tain you as a detective, if 3^011 can not see into a plot, better than 
you do; do you not remember, that young Eeynold and Kerans, 
took several tools from the shop; after breaking the windows, 
threw them into the canal; and afterward they took a reamer; a 
tool worth about two dollars; but which we may claim to be worth 
ten or fifteen dollars; we can do it as well as not; and we can with- 
out detection, claim that the damage sustained, has been more than 
seventeen dollars; which we have already received ? 

Wm. Hatwell — But if it came to an oath; Jacky ? how could 
you swear to*those things ? you say j^ourself, that of the sixty-four 
panes of glass, you claim they had broken, thirty or forty had 
been broken long ago; previously to the boy's transaction; and 
your actual damage in factum and totalum; were but eighty or 
ninety cents? and 

Jaky — (Rising and getting angry)«»fooI ! idiot ! do you wish 
to betray our plans? and think you; yourself, a model of human- 
ity? or do you fear to take part in the proceedings? I am con- 
vinced, that you never refuse to participate in our fun and pleas- 
ure; even the wine ! ha ! ha ! what say you now ? 

Wm. Hatwell — Nay! 1ST ay ! my friend; I am with you heart 
and soul; to detect is my business; and my pride, though, even it 
be a sham; you may depend on me in this matter- but our plan 
must be well laid so that a failure, shall be impossible. 

Pat — Yis, boys ! so I say ! we dedictives must be shrewd, and 
one failure may be our downfall; legally, if not morally, and we 
are ready to hear the plot 

Jaky — Here goes; fill up boys, and drink to success — (they all 
drink) — now for the plot and to-morrow for the execution; (all 
get close and listen) (Jaky proceeds :) we all know that the boy 
Myron took no part in the breaking of the windows; or the taking 
of the tools, but we must get the two boys that done the mischief 
to participate in our plot; which we can easily do; their fathers re- 
spectively keep a wine and liquor shop, and of course we all know 
them; well. 

William and Pat — You bet we do ! 

Jaky — We can make old Maxwell, (Myron's father) believe, 
that his boy broke at least thirty of the glasses or more; and then 
perhaps, he will come down with the stamps; our price in the 
transaction shall be three dollars and fifty cents, which would 
make it appear a fair allowance for damages sustained. 

Wm. Hatwell — But if he finds he has broken no glass at all ? 
what then ? 

Jaky — We must give him no time to find out the truth; besides, 
we tell him; the boy had stolen the reamer, (the tool which young 
Reynold's had given him;) and which he has now in his posses- 
sion; a fact ! whieh he cannot deny; and even if he had not ta- 
ken it himself, he has it in his possession; which fact, alone would 
be "prima facia" evidence of stealing or receiving stolen goods; 



—12— 

easy enough done boys; I tell you, to prosecute him under such, 
circumstances will be an easy matter; we will prove "petit lar- 
ceny," at any rate; but there will be no trouble; the old man Max- 
well will not let matters run thuskfar, that we must go to ex- 
tremes; I am thinking, he will shell out the stamps, and we shall 
be heeled for one night's spree at any rate; and if we should fail; 
the boy shall suffer; the father shall suffer; the whole family shall 
suffer; we are bound to help ourselves ! 

Altogether — Well planned, Jaky; give us your hand; you 
are a jolly companion — (Jaky) — to morrow evening, we shall 
meet at the corner of Market and Jefferson streets, and press our 
demand— all exit; curtain drops. 

Scene 2. The work-shop — (sign) — Maxwell Macholm, Cutter 
and tailor; (Maxwell, the Victim's father hard at work) 

Maxwell — Hard times indeed; work scarce and money scarcer; 
a person hardly sees his way ahead; customers have no money; 
and — (rap at the door) — a-ha! customers! hope they are paying 
ones — (rap again) — (Maxwell runs to the door and opens it) — 
(enters, Jaky Written, Wm. Hatwell and Pat Hugit)— Gentlemen ! 
walk in; nice evening this ! nice evening! what can I do for you, 
gentlemen? take your measure for a suit? (flourishes tape-line 
and pencil) — (Jaky to his companions) — the evening will not be 
so nice to him; and the measure will be for his greenbacks — (aloud 
to Maxwell.) 

Jaky — Mr. Macholm, we did not come to leave our measure 
this evening; but we have come 

Maxwell — No matter, gentlemen! no matter! 1 always like 
company; measure or no measure. 

Jaky Proceeds — We have come upon unpleasant business; un- 
pleasant to ourselves, and certainly, more so to you, sir ! 

Maxwell — Unpleasant, gentlemen? unpleasant? what can be 
the matter , pray ? 

Jaky — We wish to see your son Myron, sir! I suppose you 
know us; my name is Jacob Pritten, and these two gents here, 
my companions; are officers of the law. 

Maxwell — You wish to see Myron? what has he done to you, 
gentlemen? I have not heard of his having been wayward in 
any shape or manner; but I will call him; methinks he is but a 
short distance away from here — (exit Maxwell.) 

Jaky — I am nervous; he is a hard working man, and apparently 
honest; it is almost a pity — to deceive him — thus — but necessity 
knows no law ! 

William — It is his pride and honesty, that will subdue him 
and make him come down; his good qualities are in our favor, and 
our advantage is easily gained ! 

Jaky — But I understand that he is one of those kind of men, 



that he will first see; whether he is right and our demand just, and 
Chen he will go ahead; come what will ! 

"William — But that will help him nothing in this case. 
Jaky — Eight or wrong; our demands must be satisfied, or by 
the eternal, they shall suffer. 

(Enter — Maxwell Macbolm with his son (Myron,) not yet thir- 
teen years old.) 

Maxwell — I have found him, gentlemen! and here he is — I 
hope your desire and business with him, will be stated in my 
presence ? 

Jaky and William — Certainly! it is no secret. 

Jaky — Myron! how many par.es of glass did you break 
on last Sunday; when you, in company with a lot of other boys, 
were playing about our factory? 

Myron— None sir? I was merely looking on; when Eeynolds 
and Kerans done the mischief; and I took no part in their game, 
whatever ! 

Jaky — I understand, and we can prove, that you broke some 
thirty or forty panes of glass. 

Myron — I deny it ! it is a falsehood. 

Jaky — Then you deny that you stole a reamer, also ? 

Myron — I do ! 

Jaky — Have you not carried away a reamer, and which you 
have now in your possession? 

Myron — (After a pause;) if you mean a piece of iron with a 
knob on the end of it; and which we called a billy; the one given 
to me by John Eeynolds — I have it! when and where he got it; 
I know not, sir ! 

Jaky — "Where is it now? 

Myron — At home, upon a shelf; I will go and get it for you; if 
you wish ! but (getting his young blood up, and shaking his fist,) 
never dare to say; that I stole it ! 

Maxwell— And, gentlemen, do you accuse this boy with these 
charges; and can you prove them ? 

Jaky and William — "We are sure he did it ! we are ready to 
prove it? 

Maxwell — Then gentlemen ! what is your purpose and desire ? 

Jaky — If you will pay the damage for breaking the glass, we 
will drop the matter. 

Maxwell — And how much shall be the price of the damage ? 

Jaky — Three dollars and fifty cents. 

Maxwell — G-entlemen, 1 will make inquiries truly and faithfully 
into this matter; if the boy be guilty; I will pay the amount, and if 

4 



—14- _ 

not, I shall probably not do so. Good evening- — (waves bis hand. }) 
Jaky— -To morrow at noon we will call, and you better have the- 
money ready — (exit.) 

Maxwell — (To Myron) — "Boy,'"' tell me the truth I have you 
done this mischief? 

Mybox — Father, I have told the truth !' I am not guiJty of either 
charge? 

Maxwell- — T will see the boys, and hear their own statement. 
(Waves his hand to the boy) — (boy exit.) 

Maxwell — The boy is innocent, I can see ft plainly; but T will 
gather further proof; I shall get it, and I hope that the boy's in- 
nocence will be established; (starts for the door;) curtain drops. 

The work-shop again — Maxwell at work cutting — call off num- 
bers- — 44-32 16^ — measures with tape-line and marks off with 
chalk. 

Enter — (Jaky Pritten, Wm. Hatwell and Pat Rugit.); 
Jaky-— (Defiantly;) well sir; have you got the money? can you 
comply with our demand?' 

Maxwell — Gentlemen? by all information I can gather from 
parties present on the day you mention; I find that my son My- 
ron; in tact, has broken no windows, and that he had not been 
nearer to the shop than several rods; gentlemen, your demand is 
unjust ! but the amount you ask, being trifling, and yet, consid- 
ering the dullness of the times; work is scarce and poorly paid, and 
my large family at home, and money comes in very slowly; it 
is hard on me these times; but, yet, if you will reduce the amoun-t, 
I would rather let my family suffer for one day or two; and I am 
sure, they will not grumble — say two dollars, gentlemen — two dol- 
lars, and call to-morrow; this time about; and the amount shall be 
placed in your hands — 1 beg of you humbly; (bowing politely,) 

Jaky — No sir ! three fifty is our demand; and that at once; we 
shall not wait ten minutes, or you shall suffer! 

Maxwell— (Emphatically;) then by the eternal f suffer I will; 
sooner than to satisfy your unjust demand, and your insolence to 
me — "nay," your defiance shall not scare me! and if you were 
even a legion of devils, instead of three! ! you could not move me 
one peg — thieves ! robbers ! ! blackmailers ! ! begone ! ! ! — (takes up 
the big shears and holds them aloft;) my patience is gone — do 
your worst ! vile devils ! — I shall protect the innocent, though 
it takes the last cent of my worldly goods; begone, robbers ! I 
say, begone ! — tyrants, shall, not make Maxwell tremble, though 
he be humble and poor; leave me ! this sanctum shall not be po- 
inted with your vile presence — begone ! ! — (they exit in a hurry 
and shake their fists in defiance — curtain drops.) 

Scene 3. The tailor-shop again — (nine o'clock in the evening ) 

Personal — Maxwell Macholm and Myron. 

Enter — Hatwell and Pat Hugit; (officers of the law.) 



—15— 

Wm. Hatwell — We have come to arrest your son .Myron upon 
the charge of (malicious destruction of property and petit lar- 
ceny !) 

Maxwell — TTaveyou a warrant, gentlemen? 

William — We have; (reads it to Myron.) 
Hatwell — (Heads) — State of Ohio, Montguernecy Connty, S. S., 
Greeting: to any constable or policeman — whereas, information 
has been made, that Myron Macholm; on or about the 12th day of 
March, 1877, at the County aforesaid, unlawfully did steal, take 
and carry away one reamer of the value of ten dollars of the goods, 
chatties and property, of one Jacob Pritten and others, these 
are therefore to command you to forthwith arrest the said Myron 
Macholm, and have him before this court, there to receive what 
shall be done concerning him. Signed, 

John Frank DeWiley, Judge. 

State of Ohio, Montguernecy County, S. S., Greeting: to any 
constable or policeman — whereas, information has been made, 
that Myron Macholm; on or about the 12th day of March, 5 877, 
at the County aforesaid, unlawfully and maliciously did destroy 
sixty -four panes of glass, of the value of five dollars, the property 
of Jacob Pritten and others, and to the damage of said Jacob Prit- 
ten and others, to the amount of five dollars; these are therefore, 
to command you to forthwith arrest the said Myron Macholm, 
and have him before this court, there to receive what shall be 
done, concerning him. Signed, 

John Frank DeWiley, Judge. 

Maxwell — Charge away — go! boy, go!! I shall be with you 
and prove your innocence; if justice be found in the land, (to him- 
self,) but I fear this devilish conspiracy has taken too deep roots 
already; I know they will do their worst — we shall see ! (Officers 
march boy off) — (curtain drops.) 

ACT II: 

Scene 1. The Trial — The wiley Judge takes a (full hand in 
the game!) Judge — jury; prisoner; witnesses and lawyers are 
present — the trial proceeds. 

So.. .. .j. v Ju;dge DeWiley reads charge, to-wit:) 
The State of Ohio, Montguernecy County, S. S. 

The State of Ohio, "] Information 

vs >■ for 

Myron Maeholm. J Petit Larceny. 
James Sprague — Prosecuting Attorney of the State of Ohio, 
for the County of Montguernecy, now here in said court, in and for 
said County, in the name and by the authority of the State of 
Ohio, information gives, that Myron Macholm, on the 12th, day of 
March, 1877, in the County aforesaid, unlawfully did steal, take 
and carry away one reamer of the value often dollars, contrary to 



16 

the form of the Statute, in such case made and provided, and 
against the peace and dignity of the State of Ohio. 

J. Spragite, Pros. Attor'y. 

The State of Ohio, Montguernecy Co., S. S. 

Tht State of Ohio, ) Information 

vs V for 

Myron Macholm. j Malicious destruction of property. 

James Sprague — Prosecuting Attorney of the State of Ohio, 
for the County of Montguerenecy, now here in said court, in and 
for said County, in the name and by the authority of the State of 
Ohio, information gives, that Myron Macholm, on the 12th day of 
March, 1877, in the County aforesaid, unlawfully and maliciously 
did destroy sixty-four panes of glass of the value of five dollars, 
the property of Jacob Pritten and others, and to the damage of 
said Jacob Pritten and others, to the amount of five dollars, con- 
trary to the form of the Statute in such case made and provided, 
and against the peace and dignity of the State of Ohio. 

J. Sprague, Pros. Attor'y. 

Judge Frank DeWiley to Prisoner — Myron Macholm are you 
guilty of either, or both charges? or not guilty? 

Myron — Not guilty of either charge, sir? (the jury sworn..) 
Judge — Gentlemen of the jury ! please stand up; (they rise;) 
hold up your right hand: — Will each and all of you, solemnly 

swear, &c, &c, 

Prosecuting Attorney to Jury— Gentlemen of the Jury ! Un- 
der this information, the Slate expects to prove, that the defend- 
ant went, on the day mentioned, in the information, to the factory 
of the prosecuting witness; (Jacob Pritten & Co.,) and in com- 
pany with a number of other boys, broke a lot of windows, and 
while there, the defendent stole the reamer charged to have been 
stolen, that when asked about it, denied all knowledge of having 
it; that it was afterwards given to the officers. To this charge, it 
is proper to say, the defendant has plead not guilty. 

(Witnesses are all sworn) — (Judge administers the oath) — 
(stand up and hold up your hands.) 

First Witness— Jacob Pritten — I am joint owner of a man- 
ufactory; on the 12th of March last, sixty -four panes of glass were 
broken out of our factory, to the value and damage of twenty-five 
dollars; I was informed that two boys had broken them; their 
names are John Eeynolds and John Kerans; I went there and 
they acknowledged the mischief, and their fathers respectively, 
paid to me the sum of eight dollars and fifty cents, making sev- 
enteen dollars; being two-thirds of the damage sustained; at the same 
time, they told us that Myron Macholm, was the other, or third 
party, that stole the reamer; we went there, to Maxwell Macholm's, 



—17— 

t^he boy's, '(Myron's) father, and confronted Myron, but be denied 
^all knowledge of having seen said reamer, but afterwards, when 
we pressed him, and when we returned, we found the tool in his 
possession 1 and I, then had him arrested. (Cross examined by 
•defendant's counsel.) 

Lawyer Cravens — And what was your demand for money for? 

Jaky Pritten — I made no demand for money ! 

Lawyer Dravens — Did you not demand three dollars and 
•one-half? (Jaky Pritten G-etting red in the face and ashamed.) 

Jaky — I did not ask for money S 

Lawyer Dravens — You deny it then ? it is all we want ! 
William Hatwell — I am an officer of the law; went with Mr. 
Pritten to get the reamer from Myron Macholm; he denied hav- 
ing the same; but we found it afterwards in his possession; I ar- 
rested him subsequently. (Cross examined.) 

Lawyer Dravens — "What was your motive for calling a second 
time; several days after? (Wm. Hatwell gets red and perspires.) 

Hatwell — We did not call a second time. 

Lawyer Dravens — Then you deny; also; that you went to 
(Mr. Macholm's) in company with Mr. Pritten, and demanded 
trom Mr. Macholm the sum of three dollars and fifty cents; what 
was that for ? 

Wm. Hatwell— I deny it, we were not there. 

Lawyer Dravens — That will do sir! I call Mr. Maxwell 
Macholm ! 

Maxwell Macholm— -On or about the 25th day of March; Jacob 
Pritten and Wm. Hatwell and another, came to my shop and 
asked for Myron; I called him, and they accused him with the 
breaking of forty or fifty panes of glass at the factory of Mr. 
Pritten; Myron denied it; he said he broke none; that two other 
boys done it; and he mentioned their names; I asked the boys 
about it, and they told me that Myron broke no glass; and these 
two gentlemen of high position, and another man; do not know 
bis name; (but by his brogue;) I think he is a native of the " Em- 
erald Isle," and tolerable fair looking; they demanded of me the 
sum of three dollars and fifty cents, and when I found that 
Myron broke no glass, 1 stated the fact to them, and told them, as 
the amount being small, I would pay two dollars, and begged of 
them to call the next day and receive their unjust demand; and 
in order to scare me, they accused the boy of larceny; which the 
boy also denied, and which I found upon reliable information, that 
he received the tool from another boy, but did not steal it; and 
then 

Prosecuting Attorney — Too much, too much; come to the 
point. 

5 



Maxwell — Presently sir ! presently !'!' and wh en f told therm 
to call next day for the two dollars, they got mad and swore they 
mint have it immediately, but I did not have it, and times are- 
hard, and I being a poor man, I promised to pay them the next, 
day; in my humble way, you know, and 

Prosecuting Attorney — To the point, to the point, sir f 

Maxwell — Beg your pardon, humbly, sir I but as I was saying, 
in my humble way; they said, they must have three dollars and? 
fifty cents, and that without dela} T ; and as I said, I had not the 
money right in the palm of my right hand, in my humble way; 
just wanted a short delay, so as to enable me to raise the money, 
without letting my family suffer, and I 

Prosecuting Attorney — Enough, enough, sir! (Humble Max- 
well takes nervous shakes, and his fingers were beginning to work.)' 

Maxwell — Beg of you humbly — but I said, in my humble way, 
that they would oblige me to wait, but they got mad an'd told me 
that I should suffer; but that sir, raised my ire; " it was the straw 
which broke the camel's back," and as I then thought in my hum- 
ble way, that they were imposing 

Prosecuting Attorney— Contempt of C 

Maxwell — Exactly sir! I thought in my humble way, that it 
was contemptible, of course, and I did raise my shears aloft, and' 
swore they should not have one cent; that I would suffer first, than 
to satisfy their unjust demand; and their insolence to me, I could 
not stand, and I do believe, I would h 

Prosecuting Attorney — That is all sir ! that is all ! — (exit 
witness. 

John Bower — T was with the boys when the windows were 
broken; Myron broke none; he was with us boys, and not near the 
factory; about ten rods away; John Beynolds brought the tool up 
to us, and asked us if we wanted a niee billy; he gave it to Myron ! 

Wm. Bower — I was near the factory on the 12th of March; saw 
some windows broken; Kerans and Reynolds broke them; they 
threw some tools into the canal and gave Myron a tool for a billy; 
Myron broke no glass. 

Wm. Degan — I was with the boys on that day the windows 
were broken; Myron broke none, nor did he take the tool, it was 
two other boys that done it. 

Webster Bay — On the Sunday mentioned;, six of us boys were 
sitting some eight or ten rods away from the factory; Myron was 
with us; Kerans and Beynolds done lots of mischief; we were look- 
ing on to see the fun; Myron was with us, and not with the two 
boys, that done all ! 

George Aj?pel — I know all about the case; it was Kerans and 
Beynolds that broke the windows; and Beynolds brought the 
reamer up to Myron; Myron, do you want this billy ? he said; I'll 



— ID- 
take it, if no body else wants it, said Myron, and he put it in bis 
pocket — that's all. 

Wm. Wilson — I passed the factory about the day mentioned; 
it was Sunday; 1 saw two boys by the factory, breaking windows; 
these are the two boys, (pointing to Kerans and Eeynolds.) 

John Kerans — I was one of the boys that broke the windows; 
me and John Eeynolds broke them; know nothing about the tool. 

John Eeynolds — I and Kerans, broke the windows, and I took 
the tool. 

Prosecuting Attorney — Who told you to take it? 

John Eeynolds— It was Myron Macholm. 

Myron Macholm — I broke no windows; neither did I take the 
tool; neither did I tell John Eeynolds to take it; it is a falsehood, 
and a big lie I I was not near the shop, and Eeynolds brought Ihe 
tool to me; and he said : Myron, do you want a billy ? I said : yes, 
I will take it, and put it in my pocket; that is all I know about 
it. (Testimony rests.) 

Argument of Prosecutor — James Sprague, Esq. — Gentle- 
men of the Jury: 1 will not detain you long in what I have to 
say in opening the case. The State has proven, I think, beyond 
a doubt, that the reamer, charged to have been stolen, was taken 
from the factory without the consent of the owners — its value has 
been proven to be ten dollars. Now the only question foryomto 
determine, is; is the defendant guilty, as charged? We think, 
there can be no doubt of this; from the fact, that the law presumes, 
where goods recently (stolen are traced to the possession of one; 
not the owner, who can give no reasonable account of the manner 
in which he came into the possession of them; or gives contradic- 
tory and conflicting statements concerning the manner of getting 
possession, is presumed by law to be the thief. This view of the 
case I take, and therefore think, I am but doing my duty, to ask 
a verdict of guilty at your hands. I will now leave the case, mntiS 
I hear from the counsel for the defendant. 

Charge op the Counsel for the Defence — M. Dravens for. 
Defendant — Gentlemen of the Jury : In making my argument 
for the defendant in this case, in defending him against that, 
which I regard as a foul conspiracy, i shall make no claim; except, 
that which I feel perfectly warranted in making, by the testimon j 
of the witnesses, and shall confine myself to their statements made 
under oath. You, gentlemen of the jury, have heard and atten- 
tively listened to all their statements; and you can not fail to re- 
member that all the witnesses, save one; and (that one, the 
self-acknowledged thief;) have sworn that the defendant, did not 
only, not steal the article charged to have been stolen, but was in 
no position to abet the theft. It is shown that his character i® 
good; that he has never before been charged with any offence; 
although he did have possession of the reamer after the theft was 



—20— 

committed, there is not a single syllable of tesimony, that at the 
time he received, or ever knew before this arrest was brought, 
that it had been stolen; save and except, the testimony of the boy 
who did steal it, and that testimony is not only unsupported by 
all the other witnesses who were there, but is flatly contradicted. 
Now, gentlemen, can you on your oaths as jurors, with this plain 
and unvarnished statement of facts before you, this powerful array 
of witnesses, convict this poor boy of an offence of which he is as 
innocent as you are, — can you cover him with an infamy which 
will cling to him for all time to come, while the one who ac- 
knowledges himself the thief, goes unwhipt of justice. Think of 
your own boy, if you have one, being the victim of so foul a con- 
spiracy, and say by your verdict — go hence. We do not ask a ver- 
dict of not guilty through any sympathy we might excite in your 
minds, but upon the broad principle of human justice which will 
not permit even the humblest of God's creatures to suffer for the 
crime of another. Gentlemen, I thank you for your attention, and 
leave the case in your hands, fully believing that you will acquit 
the defendant and send him forth without a single stain on his 
hitherto unblemished character. 

Prosecutor's Last Argument. — Gentlemen of the Jury : I do 
not care to occupy much of your time in this the closing argument 
of this case. 1 believe upon a consideration of all the facts, and 
under the charge which shall be given you by the court, you will 
be warranted in rendering a verdict of guilty, and that speedily. 
It is true as stated by counsel, that a cloud of witnesses have 
sworn that the defendant did not steal the article charged to have 
been stolen, but thus I take it: you will consider for the most part 
in the character of negative testimony, when you consider the 
fact that one of the witnesses swears that the defendant pointed 
the article out to him and told him to take it; why, these little 
rascals will swear to anything, and you are not bound to believe 
anything they say. The idea that this boy is not guilty, is ridic- 
ulous. You are here to defend the community against just such 
depredations as this. You are here to say, that rogues of all ages 
shall be punished; and the fact, that a defendant happens to be a 
young boy, as in this case, you must not take into account. It has 
been shown that he did receive the goods stolen, and you must 
say if that is not as bad as the stealing itself. There is no law to 
punish him as the receiver where the amount is less than thirty -five 
dollars, unless you find him guilty as the thief. With this, gen- 
tlemen, I leave the case in your hands, feeling that I may well do 
so under the charge of the court, and feeling no apprehensions as 
to what your verdict will be. 

Charge op Judge DeWiley. — Gentlemen of the Jury : You 
will find if you can, from the evidence, whether the defendant stole 
the article charged in the information; it is not necessary that he 



—21-- 

should take it from the place where it lay, in order that you may 
find him guilty, but if it was done by his directions, he is still 
guilty; for the law says that an aider and abettor shall be pun- 
ished as the principal offender. In this case you have the testi- 
mony of the boy Reynolds who says that the defendant told him 
to take the reamer; if you find that to be true, you will return a 
verdict of guilty; if you find that the defendant received and con- 
cealed the reamer after it was stolen, knowing it to have been 
stolen, he is also guilty of the larceny as charged in the informa- 
ation; if you find that the defendant has given contradictory state- 
ments as to how he came into possession of the property, it will 
be considered as far as it goes, as evidence of guilt. You will 
therefore take all the testimony and weigh it carefully and bring 
in your verdict accordingly. You will now retire. (The jury 
render a verdict without leaving the box.) 

Yerdict — G-uilty of petit larceny — value of goods received — five 
dollars. 

Judge Frank DeWiley — Officer ! take this boy Myron back 
to jail — (he is taken off) — exit Myron and officer) — (curtain drops.) 

Scene 3. Myron in prison — (two weeks elapse; he is taken be- 
foro the judge for sentence.) 

Judge — Myron Macholm : have you anything to say why sen- 
tence should not be pronounced upon you ? 

Myron — (In surprise) — sentence! I thought that my time in 
jail — almost two weeks was sentence enough for any body, that 
has done nothing in the world, to offend neither G-od nor the law; 
I was in hopes that I was discharged, and my freedom given me ! 

Judge — That is where you are mistaken ! your imprisonment 
will just begin, — believing that you are the wickedest boy in the 
State, I now sentence you to the Institution, called the Keform 
Farm (boy starts) for the term of eight years and two months, or 
until you become of age — (back to prison with him, until he goes 
to the Farm) — (officer takes him) — (curtain drops.) 

Scene 4. — The last hope — the writ of habaes corpus; Myron 
brought before a higher court. Judge Bllicott becomes interested; 
he believes in his heart, that the judge below is a conspirator, and 
tells him to discharge the boy. 

Enter — Judge Ellicott — Judge DeWiley ! this case of Myron 
Macholm has been brought before me upon a writ of habses corpus, 
and after mature deliberation, and considering all the facts in the 
case, and being as I believe, powerless to discharge the boy, for 
want of jurisdiction, I have concluded to say to you, however, in 
justice to all parties, that you had better discharge the boy; he is 
neither a criminal nor a vicious boy, and has been already in jail 



—22— 

two weeks, which is punishment enough for any boy, under the 
slender evidence upon which he was convicted. 

Judge DeWiley — I will take your advice, judge, and act ac- 
cordingly — send the boy to me and I will release him; (exit Judare 
Ellicott;) (Myron is sent to Judge DeWiley and released) — (he ap- 
pears with the Sheriff who carries a large bunch of keys.) 

Judge DeWiley — Myron, I will discharge you for the present; 
(Myron bows) — Myron at liberty) — (curtain drops.) 

Scene 5. (The conference)— (another link to the chain of con- 
spiracy) seated in a room — (Judge DeWiley, Pritten, Hatwell, 
Hugit)— (they all drink.) 

Jaky — And now judge; you have caused the boy Myron to 
be discharged, and thereby, we have lost all our chances of satis- 
faction ! we were still in hopes that old Maxwell would have to 

pay '• 

Judge — Why, gentlemen, it was no use, the old man would not 
come down with the stamps, and Judge Ellicott, not only advised 
me to discharge the boy, but his advice, almost amounted to a 
mandate; he seems to have taken an interest in the case, and 

Jaky — But you were not obliged to discharge him ? 

Judge — .Not altogether; but I thought it best to let him go at 
present. 

Wm. Hatwell — But you can have him re-arrested again ? 

Judge — I can upon good grounds ? 

Jaky — But look here — (forcing the judge to take a full glass 
more of whisky in order to get his spirits up) — take this judge 
and I will come to business — (judge drinks) — now judge; here is 
a greenback, and besides our friendship and support for your next 
election; we will assist to replace you in your chair for two more 
years to come; you know our influence amounts to something — 
(hands him the bill.) 

Judge — Well boys, (getting befuddled,) knowing your desire, and 
taking for granted, (hie !) that you will use your influence in my 
behalf (hie ! ) at the next election, (hie ! ) I will have the boy re- 
arrested, (hie ! ) and start him for the Farm at once, (hie ! ) be- 
fore the parents and attornies have a chance to reclaim him, — 
(hie ! ) I promise to do it — (hie ! ) (all shake hands and depart;) 
(exit all;) curtain drops.) 

ACT III. 

Scene 1. The re-arrest; in prison again, and the former sentence 
put into execution — eight years and two months to the Eeform 
Farm. 

Myron — On his way to the well to get a bucket of fresh water 
for his sick mother) — (early morning) — (a country scene.) 



—23— 

Sheriff Fremont — (Looking around the neighborhood, watch- 
ing for Myron to appear) — "I have been watching and waiting here, 
for nearly an hour, and yet, I have not seen Myron; I hope he will 
soon come; it is almost too bad to re-arrest the poor, simple boy, 
but my orders are imperative; I must obey orders, whether they 
suit me or not ! 

Myron — (He is at a distance, carrying a bucket and singing 
lively ) 

Sheriff — He is coming! he sings; poor boy! his tune will soon 
change! 

Myron — (Singing « The Sweet By and By" &c, &c.) 

Sheriff — He sings "The Sweet By and By" — I fear the by 
and by, will be a bitter pill ! — (Myron to the front.) 

Myron — I can not help thinking ( when I look about me, this 
beautiful spring morning, how near I came losing my freedom, — 
May, the merry month of May, with all the flowers, just opening 
their beautiful eyes, and yet, so damp with tears of joy; ''as it 
were," they too appear to appreciate this beautiful country scene, 
and why should I not be happy? — just two weeks released from 
jail; two weeks of sweet liberty ! what is more precious than lib- 
erty? — yes, " give me liberty, or give me death ! " (holding up the 
bucket and stamping his foot) — (sheriff concealed) — (he appears 
upon the scene;) "Come Myron, Judge DeWiley wants to see you !" 

Myron — Not suspecting evil — Judge DeWiley! I don't care 
about seeing him, though — I don't like him ! 

Sheriff — Come on, you must come at once! (Myron sits down 
on the bottom of the bucket) — the judge ordered me to take you 
to your new home, the Eeform Farm — within ten minutes we 
must be off. 

Myron — And must I really go away from home? is there noth- 
ing to save me ? 

Sheriff — I fear there is no hope ! 

Myron — Then take me to my parents, and my brothers, and 
my sisters, once more, that I may bid them farewell; they know 
not where I have been taken to, and they certainly know nothing 
of my fate ? 

Sheriff — I can not do il; my orders from the judge are per- 
emptory, and I must obey them; get ready, we have but five min- 
utes more. 

Myron — Then, in G-od's name; I must go ! it is hard ! — weeps — 
(Myron and Sheriff leave for railroad station) — (curtain drops.) 

Scene 2. Maxwell Macholm at the judge's office. 

Maxwell-— Judge, do I understand that my boy Myron has 
been re-arrested? what can be done in his case ? is he still in the 
custody of the sheriff? 



Judge — (Smiles triumphantly) — he is indeed, and perhaps nearly 
a hundred miles from here by this time! 

Maxwell — (Surprised) — a hundred miles? 

Judge — Yes ! before many hours he will be at his new home ! 
the Eeform Farm ! ! 

Maxwell — (Starts) —Eeform Farm? did you say? I thought, 
judge, that you would not send him there ? 

Judge — It was imperative! some of my constituents came here 
and demanded the sentence executed, and I had to fulfill my duty ! 
their demands are paramount to my own inclination ! 

Maxwell — Your constituents? aha! the conspirators! they 
were at work again — (judge starts) — (to himself) — " 1 believe in 
my humble heart, he is one of the gang;" (aloud) if there be a 
remedy, judge, the boy shall be returned; I will hasten and ap- 
prise my poor wife of this inhuman act — (exit Maxwell.) 

Judge — Deluded people ! what can they do ? your doom is' sealed, 
you will find to your sorrow ! 

Enter — (Fanny Macholm, the victim's mother) — (she staggers 
from the blow of the news) — (her appeal and her curse.) 

Fanny Macholm — For Heaven's sake ! judge ! what have you 
done? to take from me my boy, who has offended no body; re- 
turn him to me, and God will bless you — you have a wife and 
children at home — and as you hope to be happy, return to me my 
boy, (pause) it may be but a few weeks hence, when my condi- 
tion might change for the worse, and in that trying hour, I may 
not live to see my son again; and as you have a wife, that is like 
myself, but a frail creature, her condition likewise, may sometime 
become feeble, and her time upon earth, counted by the hour; yes ! 
by the minute ! and by the love she bears you, remember me, in 
this hour of distress ! and return to me my boy ! ! 

Judge — Leave me, woman ! go hence ! the boy is gone ! per- 
haps never to return ! ! 

Fanny — And there is no hope ? no mercy ? 

Judge — None! (he laughs in triumph.) 

Fanny — Then ! in God's name ! take this curse ! (raises her right 
hand and falls on her knees !) I do now implore and beseech the 
Almighty God above us, and who is a merciful Judge of all ! that 
he will send a champion of justice to avenge the dastardly deed 
thou hast maliciously and wilfully consummated! Heaven grant this 
my humble prayer — the prayer of an outraged mother ! (judge 
listens spellbound) — (Fanny exit) — (staggers off) — (judge throws 
off the spell and laughs like a fiend) — (curtain drops.) 

Scene 3, — The Eeform Farm — prisoners, wardens, overseers and 
so forth — prisoners dressed in hickory shirts and overalls and 
straw hats — Myron amonga group of prisoners — [white and black;] 
the line of march to the Farm and vineyard* 



—25— 

Myron — (A hoe in his hand and looking over the scene) — this 
scene is not altogether unsightly! it is almost beautiful [points 
finder] yonder! hills and dells; then the orchard and meadow, and 
also this beautiful vineyard — yet, the beauty of this scene gives 
me the more pain, (pause,) to think that I am a hundred miles 
away from home, from dear father and mother, and from brothers 
and sisters; (pause;) they may be sick, for aught I know, and the 
disgrace that they must suffer on my account ! I shall not be able 
to write to them for thirty long days! it is hard ! hard ! (leans on 
hoe handle and weeps ! ) — (pause) — and these clothes, the garb of 
a prisoner, a felon's livery ! and what have I done to be brought 
here thus? and without a moment's warning! (pause !) my par- 
ents I know, will do their best to deliver me from this ignomin- 
ious doom ! and my father says he will save me, if it costs him all 
he has! — he has not much money, I know! — but who knows 
what a year or two will bring forth! I will make the best of it, 
and I will write to my parents, that 1 like it here, it will make 
their burthen lighter, and God knows "mine" heavier — yet! I 
will do it ! (pause !) I will wait and hope ! 

Overseer — (With a hickory stick, listening to his soliloquy — 
Myron sees him not — other boys at a distance working) — (over- 
seer strikes him several blows) — a ha ! you need not wait long ! 
young rascal! I caught you, young fellow! take this for your 
trouble and your insolence — (gives him the rod) — you are put here 
to work and not to steal the time from thy master ! 

Myron — (Digging into work) — (he goes) — Myron looks after 
him over his shoulder;^ — " confound his hickory stick, it smarts !" 
(pauses and rubs it!) — the sun is fearful hot, and I am not yet 
used to this kind of work, and between the heat, the hickory stick 
and the hard labor, my courage fails me; (pause;) this does not 
look like the "roll of honor" which they talk about, and which 
they say " entitles the holder" to his discharge ! a roll ! no ! no ! I 
call it a welt and a good one at that, (looking at the welts on his 
arms,) and I don't know where the honor is; (pause,) I may as 
well make up my mind to work and take my licking for the next 
eight years to come — (overseer at a distance) — "here he is again; 
I must work hard now — work quick!" — (overseer looks and goes 
off) — evening and recess — (the bell at head quarters) — boys fall 
into line) — march off — the vespers — singing and prayer — in the 
chapel — (First, song) In the Prison Farm we sit, &c. — (Second) 
Pull For the Shore, &c.) — prayer — all kneeling — curtain drops. 

Scene 4. The humble home of Maxwell Macholm; the moth- 
er's illness; the distress; the father's last appeal to the highest 
court in the State — Fanny Macholm and six children sitting 
around a table and eating supper — one loaf of bread and a pitcher 
of water. 

7 



—26— 

Child six years old — " Mother f how is it that we get no butter 
on our bread ? and hardly enough at that ! I am nearly starved !"' 

Child three years old — " Ma, I am very hungry, the piece of 
bread you gave me was so very small !" 

Mother — It is heartrending — they want butter; they want bread, 
and yet, where shall we get it? alas ! I am ill ! Maxwell, my hus- 
band, is ill at heart; he works faithfully days and nights; yet, he can 
not raise money enough to pay lawyers, court and traveling ex- 
penses, and yet, I know he will do it f he is bound to restore the 
boy from his imprisonment and conquer his enemies — therefore, 
we must live within our means; for a length of time at least, 
children ! as soon as Myron returns, you shall have plenty of 
bread and butter and other things, tool 

Children Altogether — Myron coming back ? well !° bring him 
back and we ask for nothing to eat till he comes ! 

(The Hungry Family) — The Vacant Chair — (Song.) 



Hunger is a fearful portion, 
' Tis well, for those provided — 
Better death, than hunger's torture; 
All our hopes are blighted. 

Hunger ! Hunger ! ! Hunger ! ! ! Hunger NT! 
II 

Woe ! to those that hunger threaten. 
It is the worst of curses — 
Yet ! we'll not give up like heathen : 
There's One above to bless us! 

G-ood night! Good night!! — (Some drops asleep) — (tableau,) 
Scene 5. — The tailor shop again — Maxwell Macholm at work. 

Lawyer Enters — " Mr. Macholm, I shall be ready to plead 
your boy's case before the Supreme Court the end of this week, 
and I hope I shall succeed." 

Maxwell — I hope so — I hope so; but what will be the cost ? I 
get discouraged at times —I have applied to all courts, except this 



—27— 

last one, and I have no relief yet — I have been thinking for a 
week past, that I may not be able to stand the expenses; tiroes are 
so hard; very hard — money is scarce; very scarce, and my family 
at the point of starvation ! 

Lawyer — Well sir ! we shall make the expenses as light as 
possible! here ie the bill — (hands him a paper.) 

Maxwell Eeads— Transcript, ten dollars; fees and traveling ex- 
penses, twenty-eight dollars; recording fees, perhaps, six dollars; to- 
tal, forty -four dollars : — forty-four dollars? Heaven's, it is fearful; 
it will break me up, I know ; but yet, T will raise the money, — I 
have said : my last stitch for the boy's liberty, and my last stitch, 
it shall be — (to himself) — but my wife and children — they will 
surely starve — and yet, they will suffer in silence, even though 
they starve; providing the boy is restored to them — (to the law- 
yer aloud) — (takes out the money) — here is the money sir ! though 
it takes the last cent — God speed and good luck to you, and to 
our last hope. 

Lawyer— I will do my best, and use your money to the best 
advantage; I have not the least doubt but what my errand shall 
be successful, and bring you and your family good tidings — good 
day, Mr. Macholm. 

Maxwell— God speed, Mr. Dravens — may Heaven give you 
success. 

Lawyer — As soon as I return I will report — (exit lawyer.) 

Macholm — My last dollar, and my sick family at home — what 
shall become of them? but once my boy free, then my endeavors 
shall be to bring the conspirators to justice — (with the help of 
God) — 1 know he will punish the wicked, and I shall be the instru- 
ment — and I shall swear to become their executioner, and my re- 
venge shall be upon their heads! — (knock at the door — child 
comes in.) 

Enter, Child— Come home father ! quick ! poor ma is very sick ! 

Maxwell — A strange voice tells me, the last chapter is not yet 
written, and perhaps another chapter will be added — and 1 fear 
not the last ! by many ! God help us ! — (puts on coat and hat — 
takes child in his arms and exit) — (curtain drops.) 

ACT IT. 

Scene 1. (Two months elapse) — the highest court will not in- 
terfere — Mjron is doomed — the last hope — the Governor — friends 
to the rescue — success at last ! — Lawyer returns at the tailor shop. 

Dravens — Mr. Macholm — my last effort, I am sorry to say, has 
failed — the court above has concluded to reaffirm the sentence of 
the court belpw. 



—28— 

Maxwell — I have had some sad misgivings the past few days, 
and my wife is very sick — I can not break the news to her — but, 
sir! can no more be done in the premises? 

Lawyer — The Governor! he would be the last hope, indeed ! 
but I think he will pardon the boy, if the full statement of facts 
are presented to him properly, — Mr. Howe, my colleague, has 
spoken to me this morning; he has heard of your case and he 
takes much interest in your behalf. 

Maxwell — I will see Mr. Howe — I know him well, and we are 
not strangers; but I did not know he befriended me? 

Lawyer Dravens — But he knows you and your wife; also the 
boy Myron, and he speaks well of the boy — his indorsement to 
the Governor will do you much good — I will see him, and his 
letter of introduction will be handed to you. 

Maxwell— Many thanks to you Mr. Dravens, you have,at least 
been a faithful servant to me, and have done your duty — (exit 
both) — change of scene. ) 

Enter Maxwell — (Valise in hand) — I have the papers in my 
possession with some good men as indorsers, and 1 think my er- 
rand to the Governor will succeed — (curtain drops.) 

Governor's Private Eoom — (Enter Macholm ) — ( Macholm 
bows — How do you do Governor ! happy to see you well. 

Governor — What may be your business, sir? 

Macholm — My business is very urgent, Governor; hence, you 
will pardon my intrusion at this time of day and at your private 
room ! 

Governor — You have it, sir ! 

Macholm — (Handing Governor a paper by way of introduction — 
Governor glances over it and looks at signature.) 

Governor — My friend, Mr. Howe ! 

Macholm — I have more papers here Governor from other par * 
ties which I would thank you to read. 

Governor — This letter from Mr. Howe, will do sir ! you shall 
have the pardon — tell Mr. Howe that upon his indorsement alone, 
the pardon issues — call at my office at ten o'clock, and your pa- 
pers shall be ready. 

Malcolm — A thousand thanks, Governor ! and the blessing of a 
dying mother, perhaps, shall crown your merciful act — (shakes 
him by the hand) — (exit.) 

Scene 2. (The telegram of good news sent home— mother and 
children made happy) — at the Eeform Farm; Myron apprised of 
his freedom; he doffs his uniform and appears a new boy — the ar- 
rival at home; the mother s relapse — the new arrival — a boy ba- 
by — but life is gone; the result of the mother's suffering and 
grief— one "boy" saved and one lost ! 



—.29 — 

(Maxwell Macholm Returns) — Myron is with him! (Myron 
holding his pardon in his hand.) 

Maxwell — Now, Myron, you have returned by a mere chance 
of good fortune; had it not been for friends, you would have had 
to stay your time out at the Farm. 

Myron — (Be feels happy) — he holds behind him a stump of a 
cigar and smokes and hides it — " I will go and see ma, brothers 
and sisters — 1 expect they will want to see me, and I them. 

Maxwell — Yes, and then you go to your benefactors and thank 
them also; especially our good neighbor, Lawyer Howe ! 

Myron — I will — (exit, Myron.) 

Enter Doctor — It is a boy, sir ! but I am sorry to say — he is 
dead ! 

Maxwell — (Starts) — dead, did you say? 

Poctor — Dead ! and beyond the power of mortal man ! 

Maxwell — And what think you has been the cause? 

Doctor — Chiefly the mother's grfef and trouble for the past 
few months ! 

Maxwell — Then the boy has been murdered! murdered by the 
vile hands of the conspirators, and principally by the wily chief, 
Judge DeWilyi (getting excited.) 

Doctor— Calm yourself! go you and look to the living; who 
knows but the mother may follow in the boy's wake, for she is 
sick unto death, and not by any means out of danger. 

Maxwell— I will hasten to the chamber of death, and may 
God give me strength; (he is overcome with grief— (both exit)— 
(curtain drops. ) 

Scene 3. (Maxwell enters and carries the child and lays it 
down on a sofa; he takes a look and his brain is turned inch by 
inch ) 

Enter Maxwell— -Death ! death ! and beyond the power of 
mortal man 5 poor child of misfortune; but thou art an angel and 
hast not seen even the light of day; an angel did I say? yes, an 
angel; and so handsome! if such handsome angels be in Heaven, 
would to God, that I were there this moment; (pause;) but I am 
getting nervous ! a cold shudder passes through my frame; my 
very nerves, and methinks, that even the blood in my veins takes 
a sudden chill! what means this strange feeling? my brain seems 
to reel; to fly as it were; it is the presence of death, perhaps? is 
it the awful change before me ? the beauty, the innocence, not a 
move, not a quiver ! the scene is mystic; it is sublime ! no ! no ! it is 
the devils that stole my child from me ! the murderers ! (pause !) 
but by the eternal, they shall suffer ! and even now in the pres- 
ence of this murdered being, I swear by all that is holy, that I 

8 



—30— 

shall never rest till thou art avenged ! (takiug child's hand !) to- 
morrow, no! to-nigbt ! no! no! not tonight! to-morrow night 
one of the murderers s'hall pay the penalty of this fearful tragedy I 
revenge ! revenge ! is sweet ! and thou angel child shall be avenged; 
(raises hand;) so help me heaven ! [tableau] ---[the father's oath;] 
(curtain drops.) 

Scene 4. (Maxwell returns to the wife's bedside;) sits down 
bowed with grief; child in casket ready for burial; the wife on the 
lounge; (words of encouragement to her husband;) his hair has 
grown white in a single hour, as it were. 

Fanny Macholm — (Looks white; hardly able to speak;) " hus- 
band ! take this matter not so hard, I pray you, for remember, it 
is better to suffer wrong, even death ! than to do wrong !" (placing 
her hand complacently upon his head ! ) (and looking him in the 
face) — " look you, Maxwell! how shiftless you are getting; you 
have not combed your hair for weeks, and a razor has nofi touched 
your face for months; it pains me much to see you neglect your- 
self thus, (to herself,) and how changed ! his hair is almost white !" 

Maxwell — (Brooding over his trouble) — wife! talk not to me 
with idle pride and foolishness; this is a stern reality; would to 
God, that I were dead ! (pause !) shame and supplication followed 
by a clean drain of our worldly possessions; and at the point of 
starvation ! once I was proud and haughty ! Maxwell can be hap- 
py no more ! and all by the cruel hands of the conspirators ! Myron 
imprisoned, and the greatest gift Heaven can bestow, laid away 
in the silent tomb ! a blank in the unwritten history of man's ex- 
istence; (pause;) in an evil hour, and for the avowed gain of the 
filthy lucre, they have made a family miserable, and murdered this 
infant child; (pause) but by the eternal ! I still live to avenge ! 
(rises to go.) 

Fanny — Husband ! husband ! (grasps his hand, and pointing 
to the child !) we are in the presence of death; I pray you control 
your feelings; remember, that the Lord has given, and the Lord 
has taken; he is still the Alwise Judge ! and what his mysterious 
doings may be, we can not fathom; He doeth all things well ! and 
has He not returned Myron to us? 

Maxwell — Myron returned? (presses his hand to his head !) 
(pause) — yes ! yes ! I had most forgotten ! 

Fanny — (To herself) — For God's sake! he knows no more! 
his reason is gone? 

Maxwell — Gone! Wife, how can you talk thus and trifle with 
this misfortune ? 

Fanny — Trifle ? God forbid ! he is insane ! (pause !) 

Maxwell — Tremble, tyrant! tremble!! Maxwell will have 



—31— 

revenge! or die in the attempt! — (to himself) — (pause) — but ray 
plan; my plot! ha! ha! he will be there — he will be trapped, 
murdered and avenged — (a wild laugh.) 

Fanny — (Arrests him) — listen to me, Maxwell; remember, that 
the Lord is still good to us; He has spared my life, and I am sure, 
it will not be long before I shall be out a^ain; He is still merciful, 
and we know not what His mysterious and wonderful doings may 
bring about? He has given the child and He has taken him and 
made him an angel! — so, then, He has taken one and returned 
another ! 

Maxwell — (Eeleases her grasp) — let me go, wife ! my mission 
must be fulfilled ! and this very night ! farewell ! I shall soon 
return ! 

Fanny — (Tries to hold him) — (he escapes) — he is mad! God 
save us — (curtain drops.) 

ACT V. 

Scene 1. (The chamber of death) — the dead boy taken to his 
last resting place — the undertaker — the burial — (Fanny sitting in 
a sick chair.) 

Fanny — Where, oh, where! is my husband? — (pause)— (to 
the undertaker) — must you take the child away now? can you 
not leave him awhile longer? my husband is gone, and I know not 
where ! 1 know he would like to see the boy once more ! 

Undertaker — Madame, my time is short, and it would be use- 
less to let the corpse remain longer. 

Fanny — (To herself) — one more being without a human heart! 
then in God's name — let me take the last look; (looks and weeps;) 
good by darling ! good by ! we shall meet again in a better sphere. 

Undertaker — (Goes with the coffin — (exit.) 

Maxwell enters — Wife! are you asleep? where are the chil- 
dren ? where is the dead boy ? 

Fanny — The chidren are a sleep and I shall soon be with them; 
I am weary; the dead baby has been taken away to his final rest- 
ing place — gone! gone ! to meet the angels! — I have been looking 
for you, and — — 

Maxwell — (To himself) — T will see him, the bargain shall be 
made— our plans shall be laid — I shall soon have my revenge — 
to-night is our time ! — tremble, tyrant ! — (aloud) — at midnight — 
ha! ha! at midnight thip fear'ul deed shall be consummated — our 
plan shall work— he will be there (aloud) trapped, murdered and 
avenged ! — (exit.) 

Fanny— (half asleep)— (springs up) — merciful God ! he is mad ! 
what did I hear? revenge! murder! is he mad? Heaven forbid, 
that he should take this fearful step — should he contemplate sum- 



—32— 

mary vengeance upon his enemies? stain his hands with blood, 
and add crime to misfortune— he is mad, I know; he knows not 
what he is doing; and I fear the worst — if I could only see him — 
even at the peril of leaving the house — 1 may deter him from his 
fearful plan — it is stormy without and 1 am not strong enough 
to go far — (gets up and totters to the door unable to walk — clock 
strikes ten — peals of thunder — vivid flashes of lightning;) I can not 
face the fury of this storm, it would be my death — but yet, where; 
or where is my husband? Maxwell, Maxwell, where are you ? I 
beseech you to desist from your fearful plan — (falls on her knees 
and prays) — " merciful God; I pray you to save my husband from 
his contemplated design, and give strength to his demented brain 
and keep him in the path of virtue!'' — (curtain drops.) 

Scene 2. A little room in an old deserted house — Maxwell a 
stranger in conversation; no light; but Maxwell holds a dim light- 
ed lantern in his hand; hands stranger a document. 

Maxwell — Hanson, you have kept your word and I shall re- 
ward you well; I know that I can depend on you — give this to 
my hatred foe, the tyrant ! the murderer! (pause!) the plot will 
work, here is the money and tell him that the papers must be 
made out and delivered to me before twelve o'clock to-night; tell 
him that I await him at his office at " eleven;" it will do; tell him 
my business is very urgent, and hence, my untimely request; ten 
dollars will be a fair recompense for his trouble; he will be there, 
1 know; he will not suspect for a moment! and then your reward 
shall be ready; (pause;) ha ! ha ! well planned; I will see him — 
conceited, tyrant ! and my trusty steel shall find his black heart — 
curtain drops.) 

Scene 3. Maxwell returns to the house, finds the family asleep; 
enter Maxwell and peeps in. 

Maxwell — All is well ! my plan works — (looks in side door) — 
she sleeps — they slumber sweetly; they know not the fearful mo- 
menthas come; but it is at hand — now good by wife ! good by chil- 
dren ! it is a fearful night without, but it will answer my purpose 
well — (exit back door and returns, holding up cloak and puts it 
on, goes back and gets a shovel and lantern — locks bed-room 
door) — they must not know; they shall slumber in peace, and in 
ignorance, while I consummate the last chapter; for such I consider 
it to be — this rusty shovel shall unearth the cherished treasure, 
and the dead boy shall meet his assassin ! — (bell strikes eleven) — 
(starts) — it is eleven ! within sixty minutes of the spirit hour ! 
and within that one short hour this fearful work shall be accom- 
plished '—[solemn and slow] — yonder! four miles through that 
desolate strip of woodland and swamp leads my passage, and then 
i shall be at the shrine of my midnight's labor! — [pause] — but it 
shall be easy work, the labor of mercy ! it will take but a very 
few minutes ! it shall be the work of mercy and of revenge, and 



— 3S— 

my oath shall be fulfilled — within one hour great things shall hap- 
pen, the buried treasure shall be unearthed and the tyrant shall 
be face to face with his murdered victim —ha ! ha ! he shall trem- 
ble, and this (draws dagger) trusty steel shall do its deadly 
work —(thunder and lightning) — I feel chilly ! [drawing his cloak 
close around him] — but, it is the result of the storm without; not 
more furious than the storm within my bosom 1 I am already 
soaking wet; but it matters not — (pause) — forth! forth ! my child 
shall be avenged! — [exit, quick] — (curtain drops.) 

Scene 4. At the graveyard — the resurrectionist hard at work— 
[curries shovel and lantern.] 

Maxwell — [Digging for life] — [thunder and lightning] — 
[leaning on shovel]— I am here, safe and sound ! even the mighty 
elements do not discourage nor scare me ! T thank God, my nerves 
are steeled for this fearful hour of retribution; [wiping brow;] 
great drops of sweat pour down and drop off my brow, but not 
so large as the drops of my bleeding heart within ! and my poor 
wife at home, how often her heart must bleed, and yet she is pa- 
tient, and even asks me to forgive and forget! (pause) how can I? 
does she not yet know Maxwell Macholm? patient and humble ! 
but he has a heart! no, Maxwell! no outrage so cruel and hard 
hearted shall go unpunished, though, I, myself, became the martyr 
of a fearful doom! [drops voice!] she knows not this moment 
where I am, and what my fearful plans may be? (pause?) but my 
time is short, it is no time for idle thoughts ! [looks at his watch !] 
it is nearly thirty minutes within the appointed time, and my job 
is nearly done — [shovels] — ay! ay! I see now the casket which 
encloses the earthly treasure, and I shall soon hold you within 
my embrace 1 and thy hour of triumph shall be at hand ! (stoops — 
kneels down, and raises coffin) — (raises voice) — farewell ! silent 
tomb ! thy treasure shall be returned to thy bosom crowned with 
the laurels of an avenged being — [shoulders casket] — [walks off] — 
(curtain drops.) 

Scene 5. The half-way rest in the forest; the meeting at the 
old chesnut tree; a trusty friend and a friend indeed — Maxwell 
[walking with coffin;] [stops for a rest;] (sits down on an old 
stump in the forest.) 

Maxwell — One half of my journey with this precious treasure 
is accomplished — it is getting heavy; (pause;) though my time be 
short, I must take a rest; (pause;) did I say, this load was heavy? 
nay ! nay ! gracious God ! it is the load that rests upon my bleed- 
ing heart — that is heavy ! I imagine that I could travel hundreds 
of miles with this load; if the treasure within, could open its eyes 
and the boy could be restored to me, (pause,) but it is impossi- 
ble, the dead never return ! no ! never ! ! never ! ! ! [sobs aloud ! ] 



—34- 

(pause!) [the shriek of the kokoo is heard at a distance three 
times,] (Maxwell starts,) "hark! it is the kokoo ! thank God, it. 
is a good omen ! " thrice the kokoo shrieks, and the old sooth- 
sayers claim it means the fulfillment of our nearest and dearest 
wishes; if so, I may he assured that my mission shall succeed I 
(pause !) but methinks, do I see aright? [points near him,] yonder 
stands the old chesnut tree 1 it is here my friendly ally promised 
to meet me ! and it is but a short space f yes 1 but a few steps yet, 
to the last scene of this fearful drama? I know my faithful Han- 
son will not desert me, he is a friend indeed, and friends are few 
and far between; do I not prize a friend as the dearest gift on 
earth that God can bestow; it is not in my nature to be otherwise ? 
how could it be otherwise? have I not an hundred enemies to one 
friend? have they not brought me and my family to all miseries 
worse than death ? (overcome — pause,) but no ! I am wrong ! God 
forgive me for what I say! no! no! noble men are still in the 
land, though they be counted in the scale of minority ! yes I they 
should be balanced upon the scale of equality with the precious 
diamond — have not many noble men come to my rescue? where 
is Mr. Howe, my benefactor — where is our merciful Governor? 
and many others, did they not shine forth in the eleventh hour of 
my misfortune, like the beautiful evening star at midnight? yes ! 
I say, God save the few noble men that are still left in this 
broad land; (pause;) but my time is getting short — Hanson must 
be near at hand — " hark !" he is coming; I knew my friend would 
not desert me in this trying hour, and I hope his mission has 
been fruitful. 

Hanson Appears — He is here ! Hanson ! thy trusty friend, 
and his mission has been a success — [whispers] — he will be there 
by this time — hasten thither, and thy sworn enemy will meet 
you ! (they shake a hearty hand.) 

Maxwell — Many thanks, my good friend ! how can I ever re- 
pay you? (takes casket on his shoulder ! ) I go trusted servant, 
to complete the last chapter ! and may God give me strength ? 
(raises hand ! ) 

Hanson — He will ! he will protect thee and thy just cause — 
[Maxwell goes] — (long pause) — [Hanson looking after him] — 
poor man, his lot is a hard one; and this last step is one 
from which the most stoutest man would shrink — but his cause is 
just, and he is a noble man, indeed — I will follow and assist him — 
all that mortal man can do ! ever ! in a moment of my direst need 
he has assisted me; not myself only — but hundreds of others, 
without regard to grade or condition — and have not the conspira- 
tors persecuted him like a dog? I have watched all, and no more 
ill used man than he, is to be found in this broad land ! I will not 
desert him in this awful moment— I will follow and protect him, 
even at the peril of my own own life! — (goes.) 



—35— 

ACT VI. 

Scene 1. Arrival of Maxwell with the casket at the court 
house — (enter disguised with heavy false whiskers) — [sits casket 
down behind the door] — (locks and bolts door.) 

Maxwell — I am here in good time ! with the evidence of his 
guilt in my hands! I shall not be detained long! for at the spirit 
hour the child commands me to avenge its murder ! a ha ! [listens 
to noise in corridor!"] I hear ! he comes! (side door opens and 
judge enters.) 

Judge DeWiley Enters — (Sits down and sees not his visitor — 
takes papers out of his pocket and reads to himself.) 

Maxwell — (Locks and bolts door and puts key in his pocket) — 
[hisses] — it is he! and he never shall leave this threshold !! — 
(pause) — methinks that I could not bear to face his cursed coun- 
tenance! and my very vitals seem to burn to behold his polluted 
form; what hinders me from sending his wicked soul into eternity; 
[draws dagger;) yes! into hell! without a moment's warning ! — 
(long pause) — but, no ! Maxwell shall not bear the stain of a cow- 
ardly assassin ! face to face he shall receive his death blow ! and 
he shall have ample time to ask forgiveness of his Maker ! yes ! 
even in this, my hour of sweet triumph, Maxwell shall ever re- 
main generous and true — [returns dagger to bosom] — (and listens 
to the judge.) 

Judge DeWiley— I hope this stranger will not detain me long ! 
it is a queer request ! I may be foolish to obey and at the dead' of 
night ! — [he shudders audibly] — (gets nervous) — it may be the re- 
quest of a lunatic? but he tells me his case is urgent and he sends 
me ten dollars, which by the way, pays me right well — he will not 
stay long I hope ! 

Maxwell — (Forward;) (in cloak and slouched hat and big false 
beard) — nay ! nay ! ! my lord ! I shall not stay long, my appoint- 
ments are always held dear; right glad am I that thou hast fulfilled 
them and granted my request ! (looks him in the eye ) 

Judge — (To himself and nervous) — methinks I know this voice! 

Maxwell — (Sits down) — it is almost midnight and we will 
come to business at once ! 

Judge — (To himself) — he dictates! 

Maxwell«- [Takes papers out out of bis pocket] — " I want 
you to probate to me this deed which 1 hold here ! — [shows an en- 
velope on one side]— but first, come close and listen while I make 
a formal explanation" — [they sit close and judge listens] — (Max- 
well proceeds), — " it is but a few years since that some property 
came into our possession, to my wife and myself — we were the 
joint owners and our title was indisputable, — we thought much 
of that property, and we thought it more valuable than life itself! 



—36- 

but in an evil hour some vile scoundrels have dared to conspire 
to rob me of a trifling sum of money, and when I did refuse, be- 
cause, knowing the injustice of their demand; (pause;) all ! all ! ! 
was lost ! ! ! " 

Judge — [getting restless] —(to himself) — (what does this mean ?) 
and how 

Maxwell — Much does it mean! — pardon me for my inter- 
ruption ! I did refuse, did I say? yes ! ye« ! ! correct ! ! ! when I had 
refused, their wrath was fearful, and they swore they would have 
satisfaction — (pause.) 

Judge — Aud what did they do ? 

Maxwell — They caused to be taken, and seized the property 
above mentioned, before our very eyes, and without a moment's 
warning — a property which we both held so dear ! — (pause.) 

Judge — [proceed ! proceed ! ) 

Maxwell — Patience! patience!! soon enough shall *L reveal 
and recall to you the foul plot, but that was not all; it was but a 
short time ihereafter, when the Lord in hi-* goodness saw fit to 
grant to us, to my wife and myself another share of this world's 
happiness, (pause,) but my wife, frail creature,, that she was, and 
by the fell blow of the robbers' hand, she fell sick and lay, as it 
were, in the scale of uncertainty — between life and death — and 
the property bequeathed to us was naught ! a dead blank ! 

Judge — [Getting uneasy] — but what has this to do with me? I 
do not comprehend ? 

Maxwell — Your interest is at stake ! as you shall comprehend 
shortly ! listen ! I have sworn to punish the evil doers, and to re- 
deem my oath, and so regain at least, part of the lost chattels by 
fair means, or by foul ! 

Judge — But this deed ! 

Maxwell — This deed — I hold within my band? [turns it over 
and reveals a large black seal.] 

Judge — [Starts violently] — what! — a deed with a black 
seal? 

Maxwell — Yes ! a deed with a black seal ! and this deed sball 
be recorded this very night — it is a vow of mine; a vow which I 
contemplate to put into execution forthwith ! [raises voice ! ] 'tis a 
death warrant ! ! 

Judge — (Surprised) — a death warrant? 

Maxwell — A death warrant ! and vile monster, thou art the 
victim! — [lays hand on judge and gnashes teeth] — (long pause.) 

Judge— [Starts up and tries to escape] — trapped by heaven !— 
at the mercy of a maniac ! 

Maxwell — It is useless — thou canst not escape, thou art in my 
power, and not a friendly hand for thy salvation within these mas- 



—37— 

sive walls 1 and they! they alone, shall witness <c the tyrant's 
doom! ' 

Judge — And what have "I" done stranger, that thy wrath is 
eo worked against me - ' I know you not — pray and explain ! — ra 
r use to regain time.] 

Maxwell — (His mania partly returns) — thou knowest me not? 
ha! ha! listen: thou shall know me presently, and to thy sor- 
row ': dost thou remember, that scarce three months ago. by thv 
own vile imagination, and by the conspiracy, and for the love of 
the paltry sum of twenty dollars, thou caused my boy to be stolen 
away and how myself begged of thee ! and my supplication, thee 
scorned: and how my poor wife went down upon her very knees 
before thee and implored thee to be merciful, and how thee didst 
refuse ? and how she did. when thee had stolen the boy. went be- 
fore thee upon her trembling knees and did implore thee, and in 
her moments of anguish did ask thee to restore the boy to her ! 
and thy fiendish laughter still rings in my ears, when I stood 
upon the threshold, but thou sawest me not. and thou didst know 
vile serpent, that then and there, she was at the very last stage 
of her deliverance! — (getting wild and angry) — judge makes an- 
other attempt to escape) — keep quiet viper — escape is impossible ! 

Judge — I beg of you to let me go ! my wife awaits me, she will 
be getting restless and wearisome for my absence! 

Maxwell — Coward! dost thou think thy wife has a bigger 
heart than mine? dost thou not remember that mercy was useless 
and thou wouldst not listen? think thee now. that I would 
show thee mercy? no! no: no mercy for thee! but listen, 1 have 
not done ! 

Judge— [To himself] — thank God ! I may yet escape ! 

Maxwell — Listen, close! I did say, that my wife was at her 
last stage of deliverance, and when the child, a beautiful boy was 
born ! (overcome — pause !) he was dead ! dead ! 

Judge — And who are you? [tyring to gain more time.] 

Maxwell — (Tearing off false beard and slouched hat. and 
throws them away) — T am Maxwell Macholm ! thy executioner, 
and I charge thee with the murder of my child! restore to me. 
my boy ! my darling boy ! — (weeps.) 

Judge — [Holds up hand*] — Maxwell Macholm ! God help me ! 
in the hands of an injured father ! I am lost ! lost ! ! 

Maxwell — Well maytst thou say lost ! lost ! ! ha ! ha ! soul and 
body ! but to work: it is midnight. 

Jttdge — [Trying to prolong the inevitable doom] — but sir! 
where is the proof of your charge ? 

Maxwell — Proof I have it, vile wretch — you see I am well 

10 



—38— 

prepared for this night's work — look you, (goes back and returns 
with casket,) look ye, villain ! [opens casket and reveals a dead 
babe.] 

Judge— For God's sake,, don't open that; I have no desire to 
see it. 

Maxwell — Aha !. I thought, villain T this would hurt you ? with 
thy vile hands and a black heart, thou hast wrought this mis- 
chief! thy hands are stained with blood; all this bloody deed was 
the work of an evil moment, and thou hast listened to the tempter; 
it has brought famine, desolation and death to me and my ruined 
family — God help them ! — ( be is overcome) — (pause) — and dost 
thou wonder that I have constituted myself thy executioner ? 

Judge— But would you not let me depart, if I hand yon. this? 
[trembling and showing Maxwell a bag of gold?} 1 will give you 
more if this is not enough —take this and let me depart in peace, 
and I will bless you — my wife and children will bless you I 

Maxwell — [Knocks gold out of his handj — vile serpent— dost 
thou think that thy plea would enter my heart? the plea I 
myself made to thee and my wife also, and no heed was given, and 
dost thou think that I would touch one piece of thy filthy lucre 
gained by dishonesty; gained by the act of inhumanity; gained 
for the desire of fame ? and at the cost and the ruination of a fam- 
ily and the price of blood I blood ! ! blood ! ! ! thy filthy lucre is 
stained with human gore ! (gets raving again I ) not a million of 
gold pieces would replace my loss; nor could all the wealth in this 
broad universe heal my wounded and bleeding heart -it is thy 
heart's blood I want 1 and nothing less shall appease my revenge, 
and that alone shall atone for thy cruelty and hardheartedness I — 
ha ! ha ! I wish to become a physician, an analytical physician — - 
I wish to disKectthy body inch by inch — I shall probe to thy wick- 
ed heart ! I want to see whether it is blue or red blood it contains, 
or whether it contains blood at all ! ha t ha I ha ! ha ! I, Maxwell 
Macholm, the humble tailor I a resurrectionist, a physician I an 
analizer I a dissector I an avenger ! — (brings fist down) — [long 
maniac laugh.] 

Judge — Don't! don't! it cuts to my heart, every time!). 

Maxwell — What a change circumstances might accomplish — 
(pause) — and my wife, pray — (judge starts at the mention"}— aha ! 
I see, it is my wife I speak of now ! it is no wonder, that thou 
should start; her curse has come true and her champion stands 
before thee ! but she — (drops vice) — when she did lay at the 
point of death and but a slight shadow intervened between her life 
and eternity, and almost another victim was added to thy vile 
machination, and even then she regretted the curse she vowed to 
thee ! and womanlike, her heart softened — and God bless them 
all for that heavenly gift— she was ready to forgive thee I her 
sworn enemy ! — (raises voice) — but I ! I am a man ! I can not for- 



—39— 

give— no ! no ! ! — " an eye for an eye and a tooth for a tooth ! " — 
know you now Maxwell Macholm ? my boy ! my boy ! must be 
restored to me! or by the heavens, thou shall die !— [clock strikes 
twelve] — aha ! hark ye — it is the midnight hour, by the hallowed 
chime upon the tower of the holy Trinity Church yonder ! and 
thy last moments upon earth are counted — (pause) — but thou hast 
not yet made thy peace with God? look you ! it will require 
some moments to ask salvation for thy soul ! am I not mag- 
nanimous ?— (pause.) — nay! nay! it is but a prolongation ot thy 
death throes! ha! ha! the evil tempter is aroused in me! he 
urges me on — (apparition of the evil one appears)— he is delighted ! 
ha! ha! methinks he stands by me and applauds my triumphal 
hour! I see him dancing and cutting fantastic shapes; he grins, 
he is happy !— (brings his fist down on the table — long laughs 
the maniac, and brings the judge to his senses, which he al- 
most lost by fear) — (long pause) — [apparition disappears] — 
(Maxwell takes out dagger and rubs it over the edge of the table 
as though getting it to a sharp point.) 

Judge— (Realizes that his lt>st moments have come) — "for God's 
sake ! I am a doomed man ! I am at the mercy of a maniac, whom 
I deeply wronged — God may have mercy on my soul !" (falls back 
on chair and shuts his eyes to the fearful scene) — (long pause.) 

Scene 2. Canst thou pray? — (pause again) — hast thou made 
thy peace with God? — (raises dagger) — now villian die! "Sic 
Semper Tiranis," thy victim is avenged ! tyrant ! die ! ! (holds 
him by his shoulder) and (brings down the dagger partly)—-(red 
fire) — (apparition in the shape of an angel) — (raises out of the 
coffin and takes wings) — (holds in left hand an olive branch and 
wards off dagger !) the right hand is pressed against the brow of 
the victim — (an invisible voice speaks) — "father! father! let 
vengeance be mine ! desist" — (apparition disappears suddenly.) 

Maxwell — (Starts in fear and surprise)— throws away dagger 
and rubs his eyes ! ) — what is all this ? what have I been doing ? 
(falls on his knees) — (reason returns) — " merciful God ! is this a 
dream? have I come to this ? to take summary vengeance upon 
my enemies ? I was mad ! I knew not what I was doing ! but the 
voice ! the apparition — (rises and looks in coffin) — my boy ! my 
boy ! it was he ! he is gone ! gone !— (falls over empty coffin and 
weeps.) 

Judge — [Presses his hands to his head] — (his voice takes a 
change;) " where ! oh, where am I ! what is this that stands be- 
fore me ! it is a dream — a vile dream — I must have slept. 

Maxwell — What do I see ! blood upon thy forehead — thy hande 
are stained with blood ! 

Judge — [Looks at his hands) — blood! blood! great God 1 this 
is too hard to bear I it is the seal of my guilt — I am indeed a 



-40- 

murderer ! — (pause) — in an evil moment I have listened to the 
tempter and taken the roll of a tyrant — 1 have gained some of 
the filthy lucre and lost my soul — I have become the victim of an 
invisible being a thousand times worse than the fell blow of a 
father's revenge — heaven save me from this fearful ordeal— (falls 
on knees exhausted.) 

Scene 3. Maxwell (stoops over him and speaks) — (clasps 
hands in prayer) — merciful heaven — a just God has delivered 
me from this fearful trial — the heavy load has been removed from 
my brain which was almost ready to burst with anguish — I was 
mad — crazed — crazed with grief— [ became nearly a maniac — I 
feel again as though new life had been infused into my fevered 
brain and my shattered nerves — [ feel like myself again ! (pause!) 
but I must hasten to my sick wife and family, and tell them all — 
as how the angel from heaven has saved me from destruction, and 
how near I came to disgrace myself and family — thank God, they 
need not in shame say — my husband ! my father ! was a murder- 
er — (pause) — but I have been gone long — it is almost daylight, 
and soon the sun will rise upon the eastern horizon — God knows 
my wife must be anxiously looking for me — forth! forth! from 
this scene, and I leave thee my would-be victim to thy own fate, 
and at the mercy of a just God !— (exit quick.) 

Judge — Speaks (incoherrently) — (appears to have slept to 
awake a raving maniac) — (holds his head with both hands) — 
(speaks)— it was thunder and lightning — a! ha! and the child ! 
was it my child? no! no! I have no child ! I have neither wife 
nor child ! no ! no ! I never had either ! — but it was fire ! fire ! that 
done the deadly work !— [raises partly] — and it is fire that kills 
me, inch by inch ! [holds hands to head and breast ! ] the fire eats 
up my very vitals — fire! fire! water! water! [drops on floor 
again !] (two fellows enter;) they are janitors working about the 
building — (they pick him up and set him in a chair.) 

James — Be the Almighty powers, it is Judge DeWiley; what ails 
him ? is he sick or dying? 

Denis— I fear he has been drinking and lost his way hither and 
could not release himself. 

James— Drink! is it! never! Judge DeWiley never drinks; he 
must be sick, or overworked; poor man, he has mueh upon his 
mind ! 

Denis — And look at the blood; holy Moses; sure, he is killed in- 
tirely, so he is! let us take him to his home ! (they bear him on 
each side.) 

Judge — Lead on! devils! fiends in disgui3e! it is murder and 
fire! you wish to burn me? — (draws back) — already do I see the 
fiery furnace before me, and you insist upon leading me straight 
into its cursed jaws, the portal of certain death ! 



Binis— He is raving! a raving maniac — so he is — -so help me 
Moses! — (exit all) — ( curtain drops ) (a lapse of two weeks follows.) 

Scene 4. Judge DeWiley hopelessly insane, and in the last 
stage of consumption; he is fettered with ball and chain — a group 
stands before his cell— -the trio of conspirators— Pritten — Hatwell, 
and Hugit are the distinguished visitors — (Hatwell on crutches; 
two legs oft from the knee down — crippled for life.) 

Pritten— And judge! you know us no more? know you not 
your old friends ? 

Judge — Know? you say? were you one of the Sends that 
frightened me so; the one that made the fire in that fearful eaul- 
dron? that I should be burnt up by the flames ? — (pause) — a fear- 
ful fire rages within me now and lightning flashes across my dim 
vision, and then again I see an apparition — a figure; yes, two fig- 
ures; a thousand figures! they come forth and frighten me! — 
(pause)— -then again, I feel the fierce blast of an arctic wave from 
northern oceans ! it creeps ! it creeps up to me, like the iceberg 
creeps up to a distressed ship in the dreary mid winter night, it 
comes nearer and nearer, and it curdles the very blood in my 
veins ! it crushes the frail craft to a thousand splinters, though it 
were an eggshell in the hands of a giant monster; then again, I 
see the fire and a thousand figures; angels and devils combined, 
all joined in a fantastic manner, each striving to beat the other in 
tantalizing my poor frame ! — (cries and sobs.) 

Pritten — To his companions — come ! let us go, I can not stand 
this any longer; we have sinned hard in trying to crush old 
Maxwell; we have deluded this poor victim and drawn him into 
a net from which he can never escape; he was drawn into it by 
our own hands like the fisherman upon the shore draws the in- 
habitants of the deep into his own ! we are his destroyer, and 
Maxwell Macholm, the noble man, that he is, he is avenged, hi* 
triumph is complete, and I fear his triumph will end with our de- 
struction !— my heart bleeds as though I were this poor man's ex- 
ecutioner — God forgive! we are all guilty partners of his great 
sufferings and misfortune; his blood is upon our own hands ! — (all 
are overcome and well they may be) — (they all shake the victim's 
lettered hands and leave) —-(exit.) 

The Maniac's Wipe Enters — (Dressed in black and veiled)— 
husband ! dost thou not know me? 

Judge — (His last moments getting more rational, but his vision 
is gone !) — know you? how could I? seest thou not that my vis- 
ion has deserted me? but methinks it is a woman's voice — I know 
the voice, but can not call it to mind — is it not the voice of one 
whom I once deeply wronged? a dim recollection passes through 



—42— 

my feoble mind — (pause)- -hast thou come to forgive me f- (pause) — 
but it is the cold and chilly blast that comes over me and I forget 
all ! all I ! 

Wife— (To herself) — I fear his last hour is at hand ! (reaches 
and takes his hand) — could I but once more bring the children 
that he might be able to look at them and recognize them; their 
best friend upon earth shall soon be taken away forever ! poor 
man ! he has been led estray by the vile tempter — O! God ! but 
my lot is a hard one — (sinks down exhausted and faints.) 

Enter Doctor — [Feels his pulse) — his eyes are dim and his 
pulse beats no more ! he is dead — gone to his Maker ! 

Wife — (starts) — gone ! t gone !! — (curtain drops.) 

Scene 5. Macholm's new home — (few days elapse ) 

Maxwell Macholm— (Sitting in a big rocking chair and, his wife 
close beside him — wife reads book — Maxwell a newspaper.) 

Maxwell — (To his wife) — poor deluded man; he is no more! 
died in the asylum, and he has paid the price of his own indiscre- 
tion ! —poor man, the tempter has been strong, and an injured 
mother's curse, and a father's s vengeance have surely overtaken 
him ! 

Wife — But the other three conspirators and the original evil- 
doers ? 

Maxwell — Their reward will not be a pleasant one and the 
"Alwise" will not let them go unpunished, two of them have already 
received their share; one of them, Hatwell, fell in his own tracks; 
the wheel ot a loaded wagon ran over his body and two limbs were 
taken off to the very knees — a cripple for life — but what do I see — 
(looking at paper) — (reads) — Fearful encounter with a burglar — a 
detective mortally shot I — Patton Hugit the victim ! — he is not ex- 
pected to live I — a ha! — see you now, 1 hat they will all receive 
their doom : — " he that builds a human trap shall fall into it him- 
self" — that is scripture of the old doctrine ! 

Wife — But Jacob Pritten, the principal of the " quarto ! " 

Maxwell—- I will prophesy !-- -the strong hand of intemper- 
ance shall wield the scepter—-he had concocted his foul plan to de- 
stroy us by the cursed cup, and it is by the " cursed" cup, he 
shall reap his own destruction— already paralyzed by the exam- 
ple of his brothers in crime, he will follow his wild career of in- 
temperance, and deeper and deeper it will draw him, until the 
fangs of the reptile are buried deep into his vitals, and his doom is 
slow, but sure; although most respectably connected, he is a brute 
of the worst type, and he will be laid low into a drunkard's 
grave! O! intemperance! thou art the cradle of vice ! thou art 
rocked slowly and steadily by thy own sire, and the witches of 
hell! 



— 43— 

Wife— But husband, (her heart softens,) do you not think their 
fate is too hard, and we have pushed them too far ? and especially 
the judge ? 

Maxwell — No ! wife ! my lot is not lighter than theirs ! al- 
though comparatively prosperous again, I never can forgetmy child, 
my own image ! and my days are made miserable ! here rests a 
tender wound which can never heal ! — (pointing to heart) — but 
the " Lord doeth all things well," and his wisdom is infinite, and 
I do hope that our kind and attentive audience will appreciate 
" THE TYBANT'S DOOM," as a fair example and a warning to 
all evil doers ! ! — let us thank God for his mercy and justice to 
us ! — (both fall on their knees) — (hold up their hands)— (curtain 
drops.) 



■0o:> 



Gh IR, -A. 2ST X) TABLBAIT. 

Maxwell Macholm and Fannt Macholm : kneeling on the right, 
a coflin on the left— (labelled) — "J. F. DeWiley," behind them 
and in the center, the Godess of Justice, sword in one hand and 
scale in the other — (she is blind-folded) — the angel elevated be- 
hind all, stretches out both hands as if asking a blessing — (red 
fire) — angel ascends to heaven. 

END. 



